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Showing posts from May 11, 2013

Binding Precedents create “Issue Estoppel”

Binding Precedents create “Issue Estoppel” Binding Precedents and unambiguous statutory provisions create issue estoppel. Any party is precluded from arguing contrary to what the law is and what the law is laid down.  In a given case, what a party can only argue is non applicability of statutory provision or the non applicability of precedent itself, to the facts of the case at hand. If the party is not disputing the application of the statutory provision or the application of precedent, to the facts of the case, then he cannot be heard on the said issue. When the material facts of the case are not in dispute, then, by applying binding Precedents and unambiguous statutory provisions may result in immediate and easy adjudication of litigation. Nevertheless, High Courts and SC are always at liberty to deviate from what the law is laid down by themselves, on the grounds of (a) "law being laid down on the erroneous view of law" or (b) ...